MATTER OF DUANE II.

522640.

151 A.D.3d 1129 (2017)

56 N.Y.S.3d 360

2017 NY Slip Op 04331

In the Matter of DUANE II., Alleged to be the Child of a Mentally Ill Parent. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ANDREW II., Appellant. (Proceeding No. 1.) In the Matter of JUSTYCE HH., Alleged to be the Child of a Mentally Ill Parent. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ANDREW II., Appellant. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 1, 2017.


Respondent is the father of two children (born in 2009 and 2014). In October 2013, respondent was arrested for attempted criminal possession of a controlled substance in the third degree with intent to sell. At the time of the arrest, the older child was present with respondent in their home. Petitioner temporarily removed the older child...

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